South Carolina
How Brown v. Electronic Arts, Inc. applies in South Carolina: state-specific rules, key cases, and bar exam notes for Intellectual Property.
In South Carolina, the principles of right of publicity and intellectual property are recognized, emphasizing the protection of individuals' rights against the unauthorized use of their likenesses for commercial purposes. The courts generally hold that such rights can coexist with broader First Amendment protections.
In South Carolina, the right of publicity protects against the unauthorized commercial use of a person's name or likeness, aligning closely with the principles outlined in Brown v. Electronic Arts, but with an emphasis on balancing these rights with expressive conduct.
The South Carolina court ruled that the unauthorized use of an athlete's likeness in a video game could violate the right of publicity, echoing the concerns in Brown.
This case underscored the importance of personal rights in commercial transactions, reaffirming the protection of likeness in South Carolina.
The court upheld the right of institutions to control the commercial use of their trademarks and likenesses, resonating with the principles of protecting identity in commercial spaces.
While federal law provides a framework for intellectual property protection, South Carolina law adds a more nuanced approach to the right of publicity, emphasizing individual rights over broader artistic expression. The balance between these interests may be more favorable to individuals in South Carolina than under federal law.
Understanding the right of publicity as exemplified in Brown is crucial for the South Carolina bar exam, as it tests knowledge of both individual rights and the scope of commercial use in intellectual property.